Our old friend the historian Karl Marx wrote” History repeats itself, first as tragedy, second as farce.

And so in Fullerton we have had the spectacle of Jan Flory, a councilperson who worked us over good for two dismal terms in office, was driven out, and who returned 10 years later to provide the final act of a deplorable career.

I know who I came to work for…and it isn’t you!

Back in 1994 Flory ran as the Establishment candidate to push back against the reform-minded Recall that dared to drive out the incumbent stooges who imposed an unnecessary utility tax. She was the perfect candidate to advertise the fear and loathing the Old Guard had for anybody outside their inner circle.

And every step along this trail of tears she palpably dripped bitter venom for those who dared cross the “experts” at City Hall. Tragedy, indeed.

From 2002 to 2012 we were mercifully spared the the effluence of vindictive spleen sprayed on anybody who had the temerity to question what was going on in their own government.

But in 2012 the moribund Establishment needed someone to ride to their rescue; and to defend, deny, excuse, ignore and cover-up the serial crimes committed by the police department; and to fight the agenda begun by a new council majority, ushered in by yet another recall perpetrated by unwashed outsiders. Who better to call upon than the old warhorse, herself.

Pegasoid

Yes she won, by a scant 29 votes, and she immediately resumed her old role. Yet something was missing. Yes, the muumuus and wood beads were still there, and so was the old surgically implanted steel rod. The complete lack of humor, grace or introspection suggested the Flory of old. But you could tell. Her heart wasn’t in it. Her performance was thin, shadow-like, even as she continued the water rip-off, covered-up the FPD Culture of Corruption with gargantuan out-of-court settlements, approved four non-balanced budgets – raiding reserves $43,000,000, approved more massive apartment blocks – activities that in the past would have brought a smug, self-satisfied smile to her sneer. But the old joy was gone.

The third act was a farce – even until the inevitable bitter end: as left she hoped to give Fullerton a parting gift – the sad sack and detumescent Larry Bennet, whose job would have been to keep the for sale sign over the sliding doors of City Hall.

Ah, well. Now, Mrs Flory departs again, hopefully for the final time. And as we see this petulant shrew out the door, let’s always remember her words from the 2012 campaign: to my lights… the city department heads are the heart of the city.

A while back Fullerton City Councilman Bruce Whitaker proposed the creation of an audit oversight committee, rather like the one they have at the County. His concern was that the City do more than just meet the bare minimum of accounting standards, but is actually doing the things that are legally required by some of our budget funds. This is called accounting for management. Are you curious to see how his colleagues felt about the idea? Enjoy this clip:

The head and the hat were a perfect fit.

How entertaining! Bud Chaffee sees the proposal as bureaucratic metastasis and preposterously claims to want to reduce the number of city commissions! The proof of this big government liberal’s insincerity (okay, he’s a liar) can be found by counting the number of commissions proposed for elimination by Chaffee both before and after this escape of gas. What? You want a round number? How about the roundest number of all: 0.

The bars stayed open and the band played on…

Missus Flory chimes in with her generous offer to act as “interpreter” with her staff for Mr. David Curlee, who has actually uncovered evidence that the City government most assuredly did not want advertised: very possible misfeasance in the Brea Dam area accounting, (including out of fund transfers) that could actually jeopardize the whole enterprise. Apart from the fact that Flory couldn’t understand the illegal water tax ripoff in 2012, she is hardly qualified to discuss accounting issues at all. She is so drenched in venom; just look at the utter disdain she demonstrates for a “a few verbal allegations.”

I hear you. Well, no I don’t, not at all.

Finally we see our Lobbyist-Mayor buzz in. She “hears” what Whitaker is saying but her retort is that Fullerton only hires “experts.” She includes the lamentable example of hiring Michael Gennaco to oversee the FPD Culture of Corruption, one of the most egregious examples of a cover-up anybody could possibly think of (she says she’s proud of it!). She too, seems to believe that the “expert” accountants the City hires to look at the financial documents do anything other than make sure the numbers all add up at the end, don’t ruffle any feathers, and collect their fat taxpayer funded fees. Of course Ms. Lobbyist-Mayor’s statements are just as phony as Chaffee’s. See, un-expert Fitzgerald herself sits on a citizens’ audit oversight committee – for the Fullerton Joint Unified High School District.

I got a letter from Fullerton’s Lobbyist-Mayor, Jennifer Fitzgerald congratulating “us” for rising above it by re-electing her. I love it when personal-agenda laden politicians complain about “negativity.” Generally they are just reacting to embarrassing scrutiny they’d rather not have to endure.

Here’s the missive:

Cut through the baloney to find the bullshit…

Ms. Fitzgerald is happy to share the issues she “campaigned on.” Road repair, more, and higher paid cops, and get this… a balanced budget! Now we all know that Fullerton’s budget has not been balanced since she got on the City Council four years ago. We’ve been leaking red ink worse than Laguna Lake has been leaking Grade A MWD water. The amount during Fitzgerald’s tenure runs in the millions. So not only is she still lying about having a balanced budget, but any other pipe dreams like cops and parks are going to have to come at the cost of draining our reserve funds even more.

Of course this means nothing to Ms. Fitzgerald. After all she is all about politics, not governance. She is a Vice President of Curt Pringle & Associates, an operation that has tried its level best to rip off Anaheim taxpayers to benefit Pringle’s clients. She will be long gone by the time Fullerton goes into receivership.

I really like the part about ensuring “that every Fullerton neighborhood is served well by its city government.” I guess that excludes the people who live in and around downtown Fullerton: it was only recently carved up into five separate council districts by Ms. Fitzgerald and her downtown bar pals like a Christmas ham, precisely for the purpose of disenfranchising the residents while the drunken party rolls merrily along.

And then there’s the part about having a “community-wide discussion” about providing library services for Southwest Fullerton. Quite delicious irony coming from the head of a city government that can’t afford to keep the Hunt Branch Library open; or does she really believe nobody is paying attention?

Finally, I note that “working positively together” is code: what it really means is not criticizing the massive budget deficits; not complaining because there is no adult supervision over the cops; looking the other way as the Lobbyist-Mayor herself helps cover up the madcap motoring adventures of her City Manager returning home from her own election night party.

Well, you know, I just don’t feel like it.

And now, Friends, please share any negative banter in the comments section we thoughtfully provide, below.

]]>http://www.fullertonsfuture.org/2016/the-bitterness-of-negative-banter/feed/21When It’s Better Not to Knowhttp://www.fullertonsfuture.org/2016/when-its-better-not-to-know/
http://www.fullertonsfuture.org/2016/when-its-better-not-to-know/#commentsThu, 01 Dec 2016 23:00:46 +0000http://www.fullertonsfuture.org/?p=35864In management circles, claiming to be unaware and uninformed is one favored tactic to avoid responsibility for the bad behavior of subordinates. Sometimes unawareness is attributable to simple incompetence. Other times, it is intentional.

Our mayor is caught here taking the latter approach when the woman who witnessed Joe Felz’ drunken crash came forth to recount the details of the event:

The clip ends when the mayor cuts off this concerned citizen.

Now you all know that the city manager reports directly to the council. He is, in fact, the only employee for whom they are directly responsible. You might think the council would be interested in hearing a first hand report of their employee’s bad behavior. Perhaps recklessness, destruction of government property and abuse of authority are not qualities you seek when employing a municipal executive.

Nope. Not our mayor. Not in our town.

]]>http://www.fullertonsfuture.org/2016/when-its-better-not-to-know/feed/13Behind the Bullshit – Standards? Really?http://www.fullertonsfuture.org/2016/behind-the-bullshit-standards-really/
http://www.fullertonsfuture.org/2016/behind-the-bullshit-standards-really/#commentsTue, 29 Nov 2016 15:26:45 +0000http://www.fullertonsfuture.org/?p=36176“Behind the Badge OC” is a propaganda outlet for “public safety” departments across Orange County. It is run by former OC Register staff who came to realize that writing cop puff pieces on their own was even more lucrative than doing it while pretending to be reporters for the pathetic, knee-jerk pro-cop Register.

This enterprise works for police unions in the main, but things get really profitable when they can sucker a public agency, like the City of Fullerton, to use public money to write this drivel, all under the auspices of “educating” us about our wonderful police department. You’d think that honest work, a good attitude, and abiding by the same laws the rest of us have to, would be sufficient to generate respect for our boys and girls in blue. Wink.

But enough preamble.

Back on June 13th, BtB published this completely unremarkable tale about the squad responsible for documenting the training given to FPD personnel and the standards that apply thereunto. Standards, eh?

Check out the adipose and otiose individual in the middle who is in charge of this unit: none other that our old friend Andrew Goodrich, who was last heard of serving in the exalted office of watch commander the night of November 8th, when our City Manager, Joe Felz, ran off the road, was given a pass on a breathalyzer test, was driven home and tucked into bed by one or more of those cops who got all that expensive training.

A writer for The Hornet named Madalyn Amato, reports that although an “independent investigator” has been engaged, nothing else has been forthcoming. The fact that the investigator, a law firm called Currier & Hudson, solely specializes in acting as defense counsel for government agencies, should send out appropriate warning bells. See where this is going?

In the aftermath of outrage, the bureaucratic playbook is being executed as expected.

First, ignore any criminality on the part of the district employee and announce an independent investigation, with the goal of diverting responsibility, or even better, procrastinating ’til everybody’s forgotten about the incident.

Naturally, the independent investigator is really just a carefully selected government defense pettifogger, hired to relieve the agency of as much liability as possible and absorb any leftover PR issues. Of course, hiring a law firm comes with desirable effects, such as the benefit of attorney client privilege. See, it’s easier to control an investigation if the investigator can’t actually reveal any findings detrimental to the institution.

The cleanup is underway

And now we wait. The employee takes a paid vacation, the real police fail to deliver a criminal investigation, and NOCCCD eventually pays out a quiet settlement to the victim who will make a deal in a civil courtroom. Nothing to see here.

Close enough…

And now let’s let Fullerton Junior College President Greg Schulz take us home via The Hornet article:

President Greg Schulz promised the college’s full dedication in reaching a conclusion regarding the incident.

]]>http://www.fullertonsfuture.org/2016/the-sound-of-silence/feed/31Trust the System that Can’t be Trustedhttp://www.fullertonsfuture.org/2016/trust-the-system-that-cant-be-trusted/
http://www.fullertonsfuture.org/2016/trust-the-system-that-cant-be-trusted/#commentsWed, 23 Nov 2016 22:30:18 +0000http://www.fullertonsfuture.org/?p=36030Remember when Our Mayor, Jennifer Fitzgerald, had the City Attorney, “The Other Dick Jones™“, repeat the city’s position on the Joe Felz alleged D.U.I. incident?

That they’re looking into it, via an outside investigative group without subpoena power that is answerable only to the City Brass, and that any potential criminal charges would be forwarded to the District Attorney?

It’s a good thing that we can trust the District Attorney, Tony Rackauckas, to be interested in the law and to not be too cozy with Law Enforcement.

In the latest episode of “You’ve Got to be F*^%ing Kidding Me” the 4th Circuit Court of Appeals has kept the entire D.A.’s office off of the most high-profile shooting case in county history for misconduct. All because the D.A. is too cozy with Law Enforcement and doesn’t follow the law.

Let us just quote from the article:

“Not only did the OCDA intentionally or negligently ignore the (Orange County Sheriff’s Department’s) violations of targeted defendants’ constitutional rights, but the OCDA on its own violated targeted defendants’ constitutional rights through its participation in the (confidential informant) program,” the court decision says.

Elsewhere, the court wrote that “the magnitude of the systemic problems cannot be overlooked” and that prosecutors had a desire to protect the Sheriff’s Department at the expense of “Dekraai’s constitutional and statutory rights.”

My favorite part of the story is when the D.A.’s Chief of Staff, Susan Kang Schroeder, says that “We welcome any outside inquiry in this matter and look forward to seeing the results,” and yet later in the same article it talks of local prosecutors (who work for the D.A.) hazing the Judge that threw them off of the Dekaari case for their corruption. These are the very people we’re supposed to trust.

This was a case with a defendant who admitted guilt and the D.A. still couldn’t manage to not screw it up with their blatant unconstitutional corruption. This is the very outfit that our Mayor and City Attorney want us to believe is going to get to the bottom of the issue of our City Manager’s alleged D.U.I. and the potential cover-up by F.P.D..

Brilliant. Maybe we can once again get Jan Flory to lecture us on how there’s a process in place and it works. You know, except when it doesn’t.

]]>http://www.fullertonsfuture.org/2016/trust-the-system-that-cant-be-trusted/feed/4Records Request? Denied!http://www.fullertonsfuture.org/2016/records-request-denied/
http://www.fullertonsfuture.org/2016/records-request-denied/#commentsSat, 19 Nov 2016 05:27:42 +0000http://www.fullertonsfuture.org/?p=35933A few people, myself included, who had records requests in with the F.P.D. and City Hall regarding the Joe Felz/Sappy McTree incident were emailed denial letters today. Mine was based upon Section 6254(f) and 6255 of the California Government Code and was sent to me by Greg Palmer of Jones & Meyer, the law firm for our City Attorney “The Other Dick Jones™”.

One records request was hilarious because it denies records to one party when the denial letter was actually sent to another party altogether. These lawyer folk sure are awesome with the details let me tell you and it looks like we’re getting our money’s worth.

The first part of my emailed denial got to me because it says that I can view the 911 call log at F.P.D. during regular hours. Oh really? I went and tried that and they told me to put in a records request which could take x-amount of time and now my denial letter for the audio/video tells me that I can go look at something that F.P.D. told me I couldn’t look at when I was at the desk.

Isn’t it amazing how well the government lies to people? It’s almost as though they do this on purpose to frustrate the commonners while avoiding any real transparency.

After reading this boilerplate nonsense I emailed back to dispute the lie argument that “The Other Dick Jones™” said at Council when he said that the video/audio couldn’t be released owing to it being a “Personnel Matter”. I pointed them to a California Supreme Court Ruling and they were clearly nonplussed. But they responded that that’s not what their letter stated and I was in the wrong because of what CA Government Code 6254(f) said by gum.

I’m the curious type so I went back and re-read 6254(f) and 6255 and it talks about releasing records “unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation.”.

So I asked what investigation? There was no citation and no arrest made so what was being investigated?

The response was:

“There was an investigation that night. That makes any record pertaining thereto exempt for the reasons stated in the letter. I do not wish to debate this with you. If you are dissatisfied with the response you have remedies”.

That’s a swell little “F You Buddy, Sue Me” argument in more nuancey lawyer speak. So the law firm, and lawyer, that sent out of the denials told me that there “WAS” and investigation and not that there “IS” and investigation. Hmm. It occurred to me to look and it turns out that not one of our denial letters states that we’re being denied documents or access owing to an “ongoing investigation”. Even “The Other Dick Jones™” couldn’t fully keep his story straight on this point at council but nobody on council asked any follow-up questions to set the record straight.

Which makes sense.

Felz hit a tree. Then tried to drive away. Then F.P.D. gave him a pass, took him home and took care of his car for him all the while trying to sweep it all nicely under a rug. If they wanted to investigate anything they would have done it then. Or cited him then. Or arrested him then. This is all just boilerplate BS while the City Council and F.P.D. figure out how to make it all go away with stonewalling and obfuscation with our City Attorney, “The Other Dick Jones™”, uttering whatever incoherent nonsense he thinks he can get away with at council and then uttering it twice because our unserious and incurious Mayor, Jennifer Fitzgerald, won’t ask any questions and will simply parrot whatever party line lie needs to be said to keep the masses docile.

Just for context let us compare this alleged Drunk Driving Issue with that time, way back on 05 April 2016, when our Mayor Fitzgerald helped hand our certificates from M.A.D.D. to some of our officers and stood for photos to show how serious she & F.P.D. are about Drunk Driving. Well, Drunk Driving when the plebs are involved.

And I quote:

“Now I’d like to invite up Lt. Mike Chlebowski, who in partnership with Mothers Against Drunk Driving, is going to help recognize some of our talented police officers for their efforts in combating drunk driving in 2015 and ultimately saving lives.”

It’s too bad Sappy McTree doesn’t have a mother to get mad about Joe Felz’s alleged drunk driving because then perhaps our Mayor would care enough to ask a question or two or even go so far as to hand out a certificate.

]]>http://www.fullertonsfuture.org/2016/records-request-denied/feed/3The Culture of Cover Up?http://www.fullertonsfuture.org/2016/the-culture-of-cover-up/
http://www.fullertonsfuture.org/2016/the-culture-of-cover-up/#commentsThu, 17 Nov 2016 00:29:40 +0000http://www.fullertonsfuture.org/?p=35868You, know some people have the remarkable habit of speaking a whole bunch of words without saying anything. Fullerton City Attorney Richard Jones has been doing it for years and years as compliant councils sit there silently during his mind-numbing droning.

In the clip below, from last night’s Council meeting, he explains why the public need be told nothing about the City Manager, Joe Felz, driving home after a party, running off the road, trying to leave the scene of an accident, smelling of liquor, and most likely flashing his Get Out of Jail card.

First listen:

There’s five minutes of stuff that could have been said in about 40 seconds but Jones needs to make sure he has touched all the bases of possible objection, added some mumble-words in the service of phony legal propriety, and his accomplice, Mayor Jennifer Fitzgerald is on hand to make sure some of the points are reiterated – twice.

Yes, the bases are touched.

The matter is subject to an “ongoing criminal investigation” by FPD, possibly to be turned over to the do-nothing DA, so mum’s the word! But what’s this? Who has committed a crime? No one was arrested no one was even cited. If not then, when, and how? Sure seems like a bogus smoke-screen.

The issue is a “personnel” matter. But wait. Felz was not acting as an employee at the time of the crash. He was undoubtedly a private citizen. So how on God’s green earth is this a personnel matter? Another dodge to avoid response to legitimate PRA requests?

The issue of the body cameras is noted as governed by some statute that is not elaborated, merely cited. The incurious Council let that one sail by. In the end, Jones informs us that Mr. Felz has privacy rights, too, which is awful sweet, but begs the question – if any of us were detained in similar circumstance can there be any doubt at all that the video would be turned over to the media by Andrew Goodrich before the first rays of morning sun had warmed the walls of the police station tower?

In the end some word nuggets tumble out that do lead into the direction of actual meaning, if only unintentionally freed from the bondage of this pettifogger’s mental jail.

One bit of this statement is very interesting. At 4:08 Jonsey mentions the investigation of the poli…the City Manager. Maybe I’m too cynical, but could this be the real source of investigation – how the cops deliberately violated their own policies and ignored violation of the Vehicle Code? That would sure make sense if a cover-up of the whole embarrassing mess was being orchestrated. After all, they could try “miscommunication in the chain of command” or some such nonsense, Gennaco-style, and if all else failed, toss the rat on conveniently departed Chief Dan Hughes who is now over the wall and making tracks southward.

]]>http://www.fullertonsfuture.org/2016/the-culture-of-cover-up/feed/37The Weasel Words of Dick Jones Regarding Joe Felzhttp://www.fullertonsfuture.org/2016/the-weasel-words-of-dick-jones-regarding-joe-felz/
http://www.fullertonsfuture.org/2016/the-weasel-words-of-dick-jones-regarding-joe-felz/#commentsWed, 16 Nov 2016 08:39:25 +0000http://www.fullertonsfuture.org/?p=35860After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

36501. The government of a general law city is vested in:
(a) A city council of at least five members.
(b) A city clerk.
(c) A city treasurer.
(d) A chief of police.
(e) A fire chief.
(f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this division does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.

(b)(1) “Crime” means a crime or public offense, wherever it may take place, that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult.

City Manager Joe Felz tried to flee the scene of an accident, as witnessed by the person who called 911, and thus committed a misdemeanor therefore his actions fall into line with California Government Code 6254F in regards to disclosure. The only legal reason that I can see as to why the bodycam footage wouldn’t be released is because there is no criminal investigation and therefore privacy rights for Felz kick into play.

If there is an investigation it makes zero sense for it to be internal as even Former Chief Hughes’ said in his memo to Council that CHP would have been called if an investigation had been warranted. Legally it makes even less sense for the City Attorney’s firm to even be involved in this case as the job of the City Attorney is to defend the city, including the City Manager, during lawsuits filed against said entities. Conflict of Interest much?

As far as anybody can tell Joe Felz has not been arrested or charged with a crime and is on a “2-week leave of absence” and everything else that is being said is simply legalize for “let us handle this” like the old guard always handled corruption – by sweeping it under the rug.

Mayor Fitzgerald can act annoyed and ask the City Attorney to repeat his disingenuous nonsense as many times as she wants but the facts on the ground do not support what is being peddled by this city. If we had actual Police Oversight in Fullerton as prescribed by the likes of Jane Rands & Sean Paden, which Mayor Fitzgerald is against, we might be able to trust that this issue would be investigated properly and honestly but alas she put all of her faith in the F.P.D. and “Danny” when she was cashing all those donation checks and instead of doing the right thing she has led us here – to another potential scandal.

In an age when Conservatives and Liberals agree that accountability should matter and that criminal justice reform should be a priority we should keep in mind that people like Mayor Fitzgerald doesn’t share these opinions. We have a new Police Chief on the horizon so this City Council has the chance to do the right thing and bring actual police oversight to our fair city and with it try to restore some trust that is solely lacking. Or the establishmentarians like the Mayor will continue to cash their union election donations while putting the citizens of Fullerton last. Time will tell and we’ll be watching.

*Correction – the Agenda item was noted as “an emergency agenda item” and the “emergency” aspect of it would likely make it legal for the council to deal with it even though legally it wasn’t an emergency.